Solicitation.pdf

IDAWY ACQUISITION SERVICE CENTER INSTRUCTIONAL COVER SHEET

ISSUING OFFICE:

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

IDAWY ACQUISITION SERVICE CENTER

1405 HOLLIPARK DR.

IDAHO FALLS, ID 83401

FAX (208) 557-5829

SOLICITATION NO. AG-02NV-S-15-0054

OFFERS ARE SOLICITED FOR: DUST CONTROL & STABILIZATION PROJECT

SET-ASIDE: SMALL BUSINESS SET-ASIDE

IMPORTANT – NOTICE TO OFFEROR:

AT A MINIMUM, OFFEROR SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK WITH THEIR RESPONSE

TO THIS SOLICITATION:

1.SF-1449 Request For Quotation (Complete, date, and sign)

2.Section I – Schedule of Items (Pages 4-5). (Complete Unit Price and Amount)

3..Experience Questionnaire (Pages 39-40)

4.Representations and Certifications (Pages 45-60). (Complete the Representations and Certifications electronically via the System for Award Management (SAM) website at https://www.sam.gov)

5. Acknowledgement of Amendment (If Any)

IT IS REQUIRED YOU WRITE THE SOLICITATION NUMBER ON THE OUTSIDE OF YOUR ENVELOPE.

Return to: IDAWY Acquisition Service Center

ATTN: Amelia Velasco

1405 Hollipark Drive

Idaho Falls, ID 83401

Solicitation No. AG-02NV-S-15-0054

IT IS REQUIRED THAT ALL CONTRACTOR’S BE REGISTERED IN THE SYSTEM FOR AWARD

MANAGEMENT SYSTEM PRIOR TO AWARD UNDER THIS SOLICITATION. SEE CLAUSE 52.204-7

SYSTEM FOR AWARD MANAGEMENT FOR DETAILS ON HOW TO APPLY.

IT IS THE OFFERORS RESPONSIBILITY TO WATCH FOR ANY AND ALL AMENDMENTS TO THE SOLICITATION, WHICH SHALL BE ISSUED ELECTRONICALLY THROUGH FEDBIZOPS.

https://www.sam.gov/

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

687775

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

AG-02NV-S-15-0054

6. SOLICITATION ISSUE DATE

05/04/15

7. FOR SOLICITATION

INFORMATION CALL

a. NAME

AMELIA VELASCO

b. TELEPHONE NUMBER (No collect calls)

(208) 557-5848

8. OFFER DUE DATE/LOCAL TIME

05/29/15 3:00 p.m. MST

9. ISSUED BY CODE

10. THIS ACQUISITION IS: UNRESTRICTED or SET ASIDE: 100 % FOR:

IDAWY Acquisition Service Center

1405 Hollipark Drive

Idaho Falls, ID 83401

Small Business Women-Owned Small Business

(WOSB) Eligible Under the Women-Owned

Hubzone Small Small Business Program NAICS: 115310

Business Economically Disadvantaged Women-

Service-Disabled Owned Small Business (EDWOSB) Size Standard: $7 Million

Veteran Owned Small Business 8(A)

13a. THIS CONTRACT IS

A RATED ORDER

UNDER DPAS (15 CFR 700)

13b. RATING

11. Delivery for FOB

Destination unless Block is

Marked

See Schedule

12. Discount Terms

14. METHOD OF SOLICITATION

RFQ IFB RFP

CODE

16. ADMINISTERED BY CODE

15. DELIVER TO

See Delivery Schedule Same as Block 9

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO.:_____________________________________

DUNS NO:_____________________ TIN No. ___________________________

U.S. Dept. of Agriculture

National Finance Center

P.O. Box 60000

New Orleans, LA 70160-0001

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Dust Control & Stabilization Project, Salmon-Challis National Forest

This requirement is being procured as a fixed-price

Simplified Acquisition.

Faxes will not be accepted.

PLEASE PLACE YOUR QUOTE IN SECTION I-

SCHEDULE OF ITEMS

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _____

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

HEREIN.

29. AWARD OF CONTRACT: REF. ___________________ OFFER

DATED _________________. YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES

WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (TYPE OR

PRINT)

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 5/2011)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ___________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT

VERIFIED CORRECT

FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERIFYING OFFICER 41c. DATE

42.b. RECEIVED AT (Location)

42.c DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS

Standard Form 1449 (REV. 5/2011) Back

AG-02NV-S-15-0054 Dust Control & Stabilization Project

SECTION I--SUPPLIES OR SERVICES AND PRICES

Dust Control & Stabilization Project

Salmon-Challis National Forest

Custer & Lemhi, Idaho

B- 1 - Schedule of Items

Base Item

Base Item 1 - Boundary Creek Access road #’s 579 and 568

Product

Option Description

Estimated

Quantity Unit

Unit

Amount

Total

Amount

(A)

Magnesium Chloride Brine Guaranteed 31% MgCl2 in brine 230 Ton $ $

(B) Calcium Chloride Brine Guaranteed 36% CaCl2 in brine 211 Ton $ $

Optional Items

The following items are OPTIONAL items to be exercised at the discretion of the Government anytime after award, but no later than 60 days proior to expiration of the resulting contract. There is no assurance that these will be exercised in the contract.

Optional Item 1 – Salmon River Road [MP 27.8 to MP 45.8]

Option Description

Estimated

Quantity Unit

Unit

Amount

Total

Amount

(A)

Blended Magnesium Chloride Brine/Ligninsulfonate.

Blend to be 80% MgCl2 (min. 31%) and 20%

Ligninsulfonate (min 50% solids) blended by volume. 269 Ton $ $

(B)

Blended Calcium Chloride Brine/Ligninsulfonate.

Blend to be 80% CaCl2 (min. 36%) and 20%

Ligninsulfonate (min 50% solids) blended by volume. 246 Ton $ $

Optional Item 2 – Salmon River Road [MP 16.8 to 27.8 ]

Option Description

Estimated

Quantity Unit

Unit

Amount

Total

Amount

(A)

Magnesium Chloride Brine Guaranteed 31% MgCl2 in brine 198 Ton $ $

(B) Calcium Chloride Brine Guaranteed 36% CaCl2 in brine 181 Ton $ $

Optional Item 3 – Yankee Fork Road

Option Description

Estimated

Quantity Unit

Unit

Amount

Total

Amount

(A)

Magnesium Chloride Brine Guaranteed 31% MgCl2 in brine 121 Ton $ $

(B) Calcium Chloride Brine Guaranteed 36% CaCl2 in brine 112 Ton $ $

The Government will evaluate quotes for award purposes by adding the total price for the Optional items

(Optional Item 1 - 1(a) and 2(a) Optional Item 2 - 1(a) and 2(a)) to the total price for the base item (Base Item

1(a), 1(b), 2(a), 2(b), 3(a), and 4(a)).

Evaluation of Optional will not obligate the Government to award the Optional item. Award of Optional items will depend on availability of funds. A single award will be made based on the combined value of the Sub-projects A, B, and C to be awarded.

NOTE: Costs for mobilization and moves between job locations are considered incidental to the ordered work;

therefore, the Contractor must consider this expense in their pricing.

Describe the dust abatement product(s) you are offering (e.g. chemical analysis pH, foreign material content, specific gravity, consistency, temperature of material when applied, and a description of water used with brine.)

Describe equipment used in application of product.

Application procedure you intend to use:

SECTION II - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

This solicitation is for the delivery and application of liquid dust abatement materials on up to 47.8 miles of road on the Salmon-Challis National Forest. The solicitation is in two parts, a 12.8 mile base item (Item 1-

Boundary Creek Access) and 3 optional items for the upper and lower segments of the Salmon River Road and the Yankee Fork road. The optional items will be awarded if funds are available.

The vendor is responsible for delivering and applying the specified products at the locations and rates specified in this contract. The Forest Service will accept either Magnesium Chloride or Calcium Chloride as the principal product. On the Lower Salmon River Road (Item 2), a blended product consisting of either MgCl2 or

CaCl2 and ligninsulfonate blended at a ratio of 80% chloride brine to 20% ligninsulfonate by volume is specified for the native surface between Cove Creek Bridge (approx. MP 27.6) and the end of the road. The project estimate for ligninsulfonate is is 10,120 gallons or 52 tons based on a 20% solution in 31% MgCl2. This quantity will be slightly less if CaCl2 is applied due reduced quantity for the calcium product.

The products listed have been approved through consultation with responsible oversight agencies under the

Endangered Species Act. Alternate products other than the three products listed cannot be accepted. Dry forms of the indicated product (i.e. Calcium Chloride flake or prill) may be offered with the understanding that the vendor will need to provide additional detail on specific application proceedures that may be different from the application of the brine product(s). If offered, dry products will be evaluated on a total cost of project basis including any additional costs for road preparation, watering and finishing that would be incurred by the Forest

Service.

Indicate below the product(s) you are offering and the corresponding price. In all items, vendors may quote product option A, B or both but must quote at least one product option for each item. Price shall include delivery and application at the indicated rate and application width. In order to be considered a responsive bid, vendors must bid all items including optional items 2 and 3.

A single award will be made for the base item plus any optional items for which there is adequate funding based on the offered quotes. Award will be based on best value using the evaluation criteria in Section VI.

II- 1 – Scope of Work

This solicitation is for the purchase, delivery, and spread of dust abatement material on the Salmon-

Challis National Forest. Acceptable products are Magnesium Chloride (min. 31% salt by wt.), Calcium

Chloride (min.n 36% salt by wt.). Ligninsulfonate (50% solids by wt.) blended with either MgCl2 or

CaCl2 at a 80/20 will be requird on a portion of the Salmon River road.

The Forest Service will grade and water the roads prior to application of the product. Application and preparation schedules will need to be coordinated to ensure that the dust control products are being applied on newly prepared surfaces. The Forest Service will adjust pre-application work to the extent possible in order to accommodate contractors desired application schedule. Current capability is limited to the amount of road that can be prepared with one grader. Estimated production rate is 4-6 miles per per day minus moving time beween application locations. Estimated quantity that can be applied is 100 tons per day.

Moving time between projects is variable and may require one or more days to move graders and water trucks between projects. The Contracting Officer’s Representative will accompany the Contractor to all road locations where the material will be delivered and spread. The Contracting Officer’s Representative will provide on the ground direction or mark the beginning and ending points for application including changes in quantity, width or application rates. Any modification to spreading applications shall be approved by the Contracting Officer’s Representative.

The Contractor is expected to coordinate application schedules with road preparation and pre-wetting by the Forest Service, including providing estimates of deliveries/application to ensure that suffient roadway is prepared in advance of application and prevent the costs associated with having to maintain excessive lengths of roadway in an applicable condition. The Contracting Officer’s Representative may suspend or delay application of dust abatement material if weather, traffic, delays or other causes create conditions unsuitable for application until suitable conditions can be restored.

II- 2 – Road Access/Description and Location/Delivery

State Highways 75 and 21, US 93 See State of Idaho for current restrictions. Planned construction on

Highway 75 between Challis and Stanley may result in delays or additional load restrictions. Contact

Idaho Transportation Department for latests conditions. Idaho Transportation Department - Division of

Highways

Salmon River Road

MP 0.0 Junction with Highway 93 at 22 miles north of Salmon.

MP 0.0 – 17.0 2 lane paved with flat (0-3%) favorable gradients.

MP 17.0 –27.0 2 lane crushed aggregrate surface with flat favorable gradients.

MP 27.0 –35.0 1 ½ lane with turnouts. Native surface and flat favorable gradients.

MP 35.0 –46.0 1 lane with turnouts. Native surface and flat favorable gradients.

Landmark –Stanley Rd MP 0.0 – 3.0 Single lane with turnouts. Native or aggregate surface, moderate adverse gradients.

Landmark –Stanley Rd MP 3.0 – 6.5 Single lane with turnouts. Native or aggregate surface, moderate favorable gradients.

Dagger Creek Rd MP 0.0-3.6 Double Lane. Aggregate surface, flat gradients.

ITEM ROAD SEGMENTS

BASE ITEM 1 BOUNDARY CREEK ACCESS

OPTIONAL ITEM 1, 2 SALMON RIVER ROAD

OPTIONAL ITEM 3 YANKEE FORK ROAD

http://511.idaho.gov/ http://511.idaho.gov/

MgCl2(31%) or CaCl(36%)

Road Name It em

Rd. #

Mile

Posts

Application Rate

Miles

Average

Width

(Gal/Sq.Yd)

Estimated

Quantity

Tons

MgCl CaCl MgCl CaCl

Landmark-Stanley

40579

46579 0.0-9.5 9.5 16 0.35 0.31 170 156

Dagger Cr. 1 46568 0.0-3.7* 3.3 16 0.35 0.31 60 55

Optional Items

**Salmon River 3 60030 16.8-27.8 10.8 16’ 0.35 0.31 194 178

**Yankee Fork 4 60030 3.0-8.5*** 5.4 20’ 0.35 0.31 121 112

* includes approx. 0.37 miles receiving no application

** Award contingent on available funding.

*** Length reduced 0.1 miles for combined length of untreated bridges.

Optional item 1 only:

MgCl2 (80%)/Ligninsulfonate(20%) or CaCl(36%)/Ligninsulfonate(20%)

Road Name It em

Rd. #

Mile

Posts

Application Rate

Miles

MgCl CaCl MgCl CaCl

Salmon River 2 60030 27.8-34.5 6.7 16’ 0.35 0.31 119 109

Salmon River

60030 34.0- 46.0 12.0 12’ 0.35 0.31 150 137

Total 18.7

II- 3 – Period of Performance

The project completion date is June 30, 2015. Work must be complete during periods of suitable weather and road conditions. Product may not be applied immediately prior to or during significant precipitation events that would result in loss of product from the roadway. All delivery dates and application schedules shall be coordinated with the Contracting Officer’s Representative for the contract.

II- 4 – Bio-preferred Products

The Contractor must comply with the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C.

8102; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Federal Acquisition

Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic

Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and

Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Bio-based and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.

Finding Bio-Preferred products is simple, using the program’s online catalog. To view the catalog, go to www.biopreferred.gov.

II- 5 - Inspection Requirements

A final physical inspection and operating check shall be made by Contracting Officer Representative (COR).

The Contractor shall notify the COR/Inspector prior to performing work and for final inspection.

II- 6 - On Site Storage

Vendor’s representative shall meet with the COR for this project to discuss location and setup of any tanks.

Two possible locations are indicated on the map for the Salmon River sub-project.

Temporary storage at delivery locations may be used if the following conditions have been met.

1. The Forest Service has approved the site prior to setting up and filling the tank.

2. The tank(s) and transfer equpment are in good physical condition with no visible signs of leakage.

3. Tanks may contain product for a period of 48 hours prior to and during application. Short-term storage during weather shutdown is allowable.

4. Valves shall be lockable and kept locked when unattended or not in use.

5. Secondary containment is provided for flexible tanks (bladders).

II– 7 - Existing Facilities

In addition to the requirements of the Use of Premises Clause of this contract, all existing facilities such as signs, cattleguards, and culverts damaged by the Contractor shall be replaced or repaired by the Contractor at no additional cost to the Government.

II- 8 - Public Safety

The Contractor shall exercise due caution and care when operating to prevent undue conflict with public users of the roads.

II- 9 - Pollution and Erosion Control

(a) All refuse, including garbage, rubbish, and solid or liquid wastes from the Contractor’s operations, including camps, parking areas, and equipment maintenance areas shall be stored and collected in a sanitary manner and disposed of in a State-approved sanitary landfill or as approved by the Contracting Officer.

(b) Equipment shall be fueled away from perennial and intermittent streams, scoured channels or any other live water source. Proper procedures shall be used when fueling to prevent overflow, leakage, or spills from fueling equipment.

II-10 - Equipment Breakdown

All repairs to equipment furnished under this contract shall be made by the Contractor. Repairs shall be made promptly and equipment returned to use within 48 hours. In lieu of repairing equipment, the Contractor may furnish similar replacement equipment within the time specified.

II-11 - Government Responsibility

The Government will be responsible for preparing the road surfaces for the materials, including the hauling of any water needed to prepare the road surface. Unless otherwise agreed to prior to application, roads will be prepared for night-time or early morning application. The Government will coordinate road preparation with the Contractor to minimize delays associated with inadequately prepared roads. Planned preparation will based on Contractor’s schedule and delivery estimates within the capability of available resources.

II-12 - Contractor Responsibility

The Contractor shall be responsible for obtaining any necessary licenses and permits, and for complying with any applicable federal, state, and municipal laws, codes, and regulations in connection with the prosecution of the work.

The Contractor shall furnish with each delivery a Certificate of Compliance (see exhibit in Section III) or a bill of lading if it contains the same information as the Certificate of Compliance, describing product delivered.

CERTIFICATION OF EACH DELIVERY MUST BE PRESENTED PRIOR TO APPLICATION OF THE

PRODUCT.

II-13 - Method of Measurement

The method of measurement is the tonnage of dust abatement materials applied to the road surface and accepted.

The contractor will provide certified scale tickets for each load delivered in order to receive payment.

(a) The Contractor shall furnish with each delivery a Certificate of Compliance (see exhibit in Section IV) or a bill of lading if it contains the same information as the Certificate of Compliance, describing product delivered.

CERTIFICATION OF EACH DELIVERY MUST BE PRESENTED PRIOR TO APPLICATION OF THE

PRODUCT.

II-14 - Basis of Payment

(a) Quantities stated in Section I - Services and Prices are estimates only and will be used for evaluation of quotes. Delivery of quantities in excess of those estimated will not be required unless agreed to by the

Contractor. The Contracting Officer's Representative may direct additional check weighing of loaded and empty vehicles at any time.

(b) Payment will be made at the contract unit prices, for actual quantities accepted in accordance the Quality

Assurance Plan of this contract.

II-15 - Landscape Preservation

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

(b) Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste water from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer.

II-16 - End Product Description

After performing Dust Abatement operation, the roadway:

- Shall have a uniform spread of abatement material on the road.

- Shall have been applied in a manner not to exceed by 5% the estimated qualities.

- Shall be covered as to the specified width.

- Shall be no over-spray running into ditches or waterways.

- Shall have a product that complies with specifications.

- Shall have a Application Rate as listed in the Schedule of Items.

- Shall not have been contaminated by other products hauled in the distribution equipment.

- Shall have been accomplished within the requirements of Time of Delivery/Application Requirements

II-17 - Contractor’s Quality Control Plan

The Contractor shall provide a Quality Control Plan that outlines, in part, a performance strategy and addresses all major points contained in the Quality Assurance Plan.

II-18 - Quality Assurance Plan

See Section IV Exhibit 1 for attached plan for full understanding of all tasks required and acceptable quality levels.

SECTION III - CONTRACT CLAUSES

III- 1 - FAR 52.212-4 Contract Terms and Conditions - Commercial Items (DEC 2014)

(a) Inspection/Acceptance. (See Section II for Additional Inspection/Acceptance Requirements) The

Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The

Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance.

The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_233_240.html#wp1113304 https://acquisition.gov/far/current/html/52_200_206.html#wp1137572

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—

System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for

Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of

Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act

(31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the— https://acquisition.gov/far/current/html/52_232.html#wp1153351 https://acquisition.gov/far/current/html/52_232.html#wp1153375 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://acquisition.gov/far/current/html/52_212_213.html#wp1203358

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the

Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in

32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

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(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.

Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the

Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C.

40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to

Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

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(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name

(whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of

Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting

Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of

Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal https://acquisition.gov/far/current/html/FormsStandard68.html#wp1189284 https://acquisition.gov/far/current/html/Subpart%2042_12.html#wp1084217 https://acquisition.gov/far/current/html/Subpart%2042_12.html#wp1084217 https://acquisition.gov/far/current/html/Subpart%2032_8.html#wp1029202 https://www.acquisition.gov/ instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any

Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

III- 2 - AGAR 452.209-71 Assurance Regarding Felony Conviction Or Tax Delinquent Status For

Corporate Applicants (FEB 2012) Alt I (FEB 2012)

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No.

112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.

III- 3 – FAR 52.217-7 Option for Increased Quantity -- Separately Priced Line Item (Mar 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within [insert in the clause the period of time in which the Contracting Officer has to exercise the option]. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

III- 4 - FSAR 4G52.222-701 Employment of Eligible Workers (DEC 1999)

Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire unauthorized aliens. The Immigration and Naturalization Service (INS) has established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (8

CFR 274a).

The contractor is required to (1) have all employees complete and sign the I-9 Form to certify that they are eligible for employment; (2) examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the form, and complete the certification portion of the form; (4) retain the form for 3 years, or 1 year past the end of employment of the individual, whichever is longer.

It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status.

Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract. If the contractor employs unauthorized workers during contract performance in violation of section 274A, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

For further information on the requirements of the Act, contractors should contact the Employer and Labor

Relations Officer of their local INS office.

III- 5 - FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts (SEP 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are

United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR

3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

III- 6 - AGAR 452.228-71 Insurance Coverage (NOV 1996)

Pursuance to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable

Federal and State workers' compensation and occupational disease statutes. If occupational disease are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability. (1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(2) The Contractor shall have property damage liability insurance and shall be required in the amount of

$500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the

United States shall provide coverage of at least $200,000 per person and $500,000 per occurence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

III- 7 – FAR 52.232-40 Providing Accelerated Payment to Small Business Subcontractors (DEC 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business…